Madras High CourtCRL OP(MD)/8442/2024ordered

Dhanapal @ Thanapalan v. The Inspector Of Police

2024-06-10Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Dhanapal @ Thanapalan ... Petitioners/Accused No.4

Versus

The State Rep. by The Inspector of Police, RS Mangalam Police Station, Ramanathapuram.

In Crime No.126/2024 ... Respondent/Complainant For Petitioner : Mr.B.Mahendrarajan Advocate For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.126 of 2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.126 of 2024, for the offence under Sections 147, 148, 294(b), 307, 427, 506(ii) IPC and Section 25(1)(a) of Arms Act, 1959, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that due to previous enmity between the defacto complainant's son and the petitioner, on 24.05.2024, the petitioner along with other accused trespassed into the defacto complainant's house and criminally intimidated him with deadly weapons. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent Police submits that the defacto complainant belongs to Muslim religion. The defacto complainant's son picked up a quarrel with the people of Hindu religion, due to 2/5

which, the petitioner along with other accused persons went to the defacto complainant's house and tried to attack him with an aruval, but, unfortunately, the defacto complainant has escaped. He further submits that the co-accused, namely, A12 and A14 have already been granted anticipatory bail by this Court in Crl.O.P. (MD)No.8333 of 2024.

5. Considering the nature of offence and also considering the fact that in the alleged occurrence, no one has been injured and A12 and A14 have already been granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate on condition that (i) the petitioner executes a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruvadanai, Ramanathapuram District;

(ii) The petitioner and the sureties shall submit a copy of their Aadhaar 3/5

Card or any other identity card issued by the government in proof of their residence address;

(iii) The petitioner shall appear before the respondent police as and when required for interrogation. He has to co-operate for the investigation. (iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses.

(v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 10/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO

1. THE JUDICIAL MAGISTRATE, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

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3.THE INSPECTOR OF POLICE, RS MANGALAM POLICE STATION, RAMANATHAPURAM.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.8442 of 2024 Date :10/06/2024 RK/JGB (14/06/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5